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LAW OF THE REPUBLIC OF KAZAKHSTAN

of June 8, 2015 No. 317-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning application of special protective, anti-dumping and countervailing measures in relation to the third countries

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Code of the Republic of Kazakhstan of December 10, 2008 "About taxes and other obligatory payments in the budget" (Tax code) (Sheets of Parliament of the Republic of Kazakhstan, 2008, No. 22-I, 22-II, Art. 112; 2009, Art. No. 2-3, 16, 18; No. 13-14, of Art. 63; No. 15-16, of Art. 74; No. 17, Art. 82; No. 18, Art. 84; No. 23, Art. 100; No. 24, Art. 134; 2010, No. 1-2, of Art. 5; No. 5, Art. 23; No. 7, Art. 28, 29; No. 11, Art. 58; No. 15, Art. 71; No. 17-18, of Art. 112; No. 22, Art. 130, 132; No. 24, Art. 145, 146, 149; 2011, No. 1, Art. 2, 3; No. 2, Art. 21, 25; No. 4, Art. 37; No. 6, Art. 50; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 116; No. 14, Art. 117; No. 15, Art. 120; No. 16, Art. 128; No. 20, Art. 151; No. 21, Art. 161; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 11,15; No. 3, Art. 21, 22, 25, 27; No. 4, Art. 32; No. 5, Art. 35; No. 6, Art. 43, 44; No. 8, Art. 64; No. 10, Art. 77; No. 11, Art. 80; No. 13, Art. 91; No. 14, Art. 92; No. 15, Art. 97; No. 20, Art. 121; No. 21-22, of Art. 124; No. 23-24, of Art. 125; 2013, No. 1, Art. 3; No. 2, Art. 7, 10; No. 3, Art. 15; No. 4, Art. 21; No. 8, Art. 50; No. 9, Art. 51; No. 10-11, of Art. 56; No. 12, Art. 57; No. 14, Art. 72; No. 15, Art. 76, 81, 82; No. 16, Art. 83; No. 21-22, of Art. 114; 115; No. 23-24, of Art. 116; 2014, No. 1, Art. 9; No. 4-5, of Art. 24; No. 7, Art. 37; No. 8, Art. 44, 49; No. 10, Art. 52; No. 11, Art. 63, 64, 65, 69; No. 12, Art. 82; No. 14, Art. 84; No. 16, Art. 90; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 22, Art. 128, 131; No. 23, Art. 143; No. 24, Art. 145; The Law of the Republic of Kazakhstan of April 7, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning legal regulation of the sphere of intellectual property", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on April 10, 2015; The Law of the Republic of Kazakhstan of April 24, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning gaming", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on April 28, 2015; The law of the Republic of Kazakhstan of April 27, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning insurance and Islamic financing", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on April 29, 2015):

in Article 557:

add Item 3 with the subitem 17) of the following content:

"17) to authorized body in the field of foreign trade activity in the cases provided by the laws of the Republic of Kazakhstan.

The list of the represented data which are tax secret, and procedure for their representation are established by authorized body together with authorized body in the field of foreign trade activity.";

state item 4 in the following edition:

"4. The tax secret is not subject to disclosure:

officials of the tax authorities, except as specified, established by this Article;

the officials of other state bodies who received the information about the taxpayer (tax agent) from tax authorities according to the procedure established by this Article, except for the state bodies authorized by the legislation of the Republic of Kazakhstan on transfer of data to the third parties according to the international treaties ratified by the Republic of Kazakhstan.".

2. In the Code of the Republic of Kazakhstan of June 30, 2010 "About customs affairs in the Republic of Kazakhstan" (Sheets of Parliament of the Republic of Kazakhstan, 2010, No. 14, Art. 70; No. 24, Art. 145; 2011, No. 1, Art. 3; No. 11, Art. 102; No. 19, Art. 145; 2012, No. 2, Art. 15; No. 13, Art. 91; No. 15, Art. 97; No. 21-22, of Art. 124; No. 23-24, of Art. 125; 2013, No. 1, Art. 3; No. 2, Art. 13; No. 7, Art. 36; No. 10-11, of Art. 56; No. 14, Art. 72; No. 15, Art. 81; No. 16, Art. 83; 2014, No. 4-5, of Art. 24; No. 10, Art. 52; No. 11, Art. 61; No. 12, Art. 82; No. 14, Art. 84; No. 16, Art. 90; No. 19-I, 19-II, Art. 94, 96; No. 21, Art. 122, 123; No. 23, Art. 143; The law of the Republic of Kazakhstan of April 22, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning restriction of participation of the state in business activity", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on April 24, 2015):

to state item 4 of Article 16 in the following edition:

"4. Any information obtained according to Item 3 of this Article is not subject to disclosure and distribution, except as specified information transfers:

to other state body according to the legislation of the Republic of Kazakhstan;

The Eurasian economic commission for the purposes of investigations according to the legislation of the Republic of Kazakhstan on special protective, anti-dumping and countervailing measures in relation to the third countries.".

3. In the Code of the Republic of Kazakhstan about administrative offenses of July 5, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 18-I, 18-II, Art. 92; No. 21, Art. 122; No. 23, Art. 143; No. 24, Art. 145, 146; 2015, No. 1, Art. 2; No. 2, Art. 6; The Law of the Republic of Kazakhstan of April 6, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning health care", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on April 8, 2015; The Law of the Republic of Kazakhstan of April 24, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning gaming", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on April 28, 2015; The law of the Republic of Kazakhstan of April 27, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning insurance and Islamic financing", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on April 29, 2015; The Law of the Republic of Kazakhstan of May 5, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning natural monopolies and the controlled markets", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on May 7, 2015):

Heading of Article 555 to state 1) in table of contents in the following edition:

"Article 555. Violation of payment due dates of customs payments, taxes, special, anti-dumping, compensatory duties";

Article part one in paragraph one 551, heading and the text of Article 555 of the word "and taxes" shall be replaced with words 2) ", taxes, the special, anti-dumping, compensatory duties".

4. In the Law of the Republic of Kazakhstan of January 19, 2001 "About grain" (Sheets of Parliament of the Republic of Kazakhstan, 2001, No. 2, Art. 12; No. 15-16, of Art. 232; 2003, No. 19-20, of Art. 148; 2004, No. 23, Art. 142; 2006, No. 1, Art. 5; No. 24, Art. 148; 2007, No. 2, Art. 18; No. 3, Art. 20; No. 9, Art. 67; No. 18, Art. 145; 2008, No. 13-14, of Art. 58; No. 20, Art. 89; 2009, No. 18, Art. 84; No. 24, Art. 129; 2010, No. 5, Art. 23; No. 15, Art. 71; 2011, No. 1, Art. 2; No. 11, Art. 102; No. 12, Art. 111; 2012, No. 2, Art. 14; No. 14, Art. 94; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 9, Art. 51; No. 14, Art. 75; 2014, No. 1, Art. 4; No. 4-5, of Art. 24; No. 10, Art. 52; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143):

15) of Article 10 to exclude the subitem.

5. In the Law of the Republic of Kazakhstan of June 12, 2003 "About state regulation of production and turnover of tobacco products" (Sheets of Parliament of the Republic of Kazakhstan, 2003, No. 12, Art. 88; 2004, No. 23, Art. 142; 2006, No. 23, Art. 141; 2007, No. 2, Art. 18; 2011, No. 11, Art. 102; No. 12, Art. 111; 2014, No. 1, Art. 4; No. 10, Art. 52; No. 19-I, 19-II, Art. 96; No. 23, Art. 143):

in Article 12 "protective" to replace the word with the word of "special".

6. In the Law of the Republic of Kazakhstan of April 12, 2004 "On regulation of trading activity" (Sheets of Parliament of the Republic of Kazakhstan, 2004, No. 6, Art. 44; 2006, No. 1, Art. 5; No. 3, Art. 22; No. 23, Art. 141; 2009, No. 17, Art. 80; No. 18, Art. 84; No. 24, Art. 129; 2010, No. 15, Art. 71; 2011, No. 2, Art. 26; No. 11, Art. 102; 2012, No. 2, Art. 11, 14; No. 15, Art. 97; 2013, No. 14, Art. 75; No. 15, Art. 81; No. 21-22, of Art. 114; 2014, No. 1, Art. 4; No. 10, Art. 52; No. 19-I, 19-II, Art. 96; No. 23, Art. 143):

state Article 22 in the following edition:

"Article 22. Application of special protective, anti-dumping and countervailing measures

Conditions and procedure for application of special protective, anti-dumping and countervailing measures are determined by the legislation of the Republic of Kazakhstan on special protective, anti-dumping and countervailing measures in relation to the third countries.".

7. In the Law of the Republic of Kazakhstan of July 8, 2005 "About state regulation of development of agro-industrial complex and the rural territories" (Sheets of Parliament of the Republic of Kazakhstan, 2005, No. 13, Art. 52; 2007, No. 5-6, of Art. 42; No. 18, Art. 145; 2008, No. 23, Art. 124; 2009, No. 17, Art. 82; No. 24, Art. 129; 2010, No. 1-2, of Art. 5; No. 5, Art. 23; No. 15, Art. 71; 2011, No. 1, Art. 2, 7; No. 2, Art. 26; No. 11, Art. 102; 2012, No. 2, Art. 16; No. 14, Art. 94; No. 15, Art. 97; 2013, No. 9, Art. 51; No. 14, Art. 72, 75; 2014, No. 2, Art. 10; No. 19-I, 19-II, Art. 96; No. 22, Art. 131; No. 23, Art. 143):

2) of Item 1 of Article 12 to state the subitem in the following edition:

"2) protection of the domestic market by measures of customs and tariff, non-tariff regulation, application of special protective, anti-dumping and countervailing measures according to the legislation of the Republic of Kazakhstan.".

8. In the Law of the Republic of Kazakhstan of January 31, 2006 "About private entrepreneurship" (Sheets of Parliament of the Republic of Kazakhstan, 2006, No. 3, Art. 21; No. 16, Art. 99; No. 23, Art. 141; 2007, No. 2, Art. 18; No. 3, Art. 20; No. 17, Art. 136; 2008, Art. No. 13-14, 57, 58; No. 15-16, of Art. 60; No. 23, Art. 114; No. 24, Art. 128, 129; 2009, Art. No. 2-3, 18, 21; Art. No. 9-10, 47, 48; No. 11-12, of Art. 54; Art. No. 15-16, 74, 77; No. 17, Art. 82; No. 18, Art. 84, 86; No. 19, Art. 88; No. 23, Art. 97; No. 24, Art. 125, 134; 2010, No. 5, Art. 23; No. 7, Art. 29; No. 15, Art. 71; No. 22, Art. 128; No. 24, Art. 149; 2011, No. 1, Art. 2; No. 2, Art. 26; No. 6, Art. 49; No. 11, Art. 102; 2012, No. 15, Art. 97; No. 20, Art. 121; No. 21-22, of Art. 124; 2013, No. 1, Art. 3; No. 5-6, of Art. 30; No. 14, Art. 75; No. 15, Art. 81; No. 21-22, of Art. 115; 2014, No. 1, Art. 4; No. 4-5, of Art. 24; No. 10, Art. 52; No. 14, Art. 84; No. 16, Art. 90; No. 19-I, 19-II, Art. 94, 96; No. 21, Art. 122; No. 22, Art. 131; No. 23, Art. 143; The Law of the Republic of Kazakhstan of April 22, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning restriction of participation of the state in business activity", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on April 24, 2015):

Articles 10 and 48 to state 1) in the following edition:

"Article 10. Protection of the domestic market

Protection of the domestic market is performed by measures of customs and tariff and non-tariff regulation, application of special protective, anti-dumping and countervailing measures according to the legislation of the Republic of Kazakhstan.";

"Article 48. Responsibility of subjects of private entrepreneurship for violation of the law of the Republic of Kazakhstan about special protective, anti-dumping and countervailing measures in relation to the third countries Violation by subjects of private entrepreneurship of the legislation of the Republic of Kazakhstan on special protective, anti-dumping and countervailing measures in relation to the third countries attracts the responsibility established by the laws of the Republic of Kazakhstan.";

Article 49 to exclude 2).

9. In the Law of the Republic of Kazakhstan of March 19, 2010 "About the state statistics" (Sheets of Parliament of the Republic of Kazakhstan, 2010, No. 5, Art. 22; No. 15, Art. 71; 2011, No. 11, Art. 102; 2012, No. 14, Art. 95; No. 21-22, of Art. 124; 2013, No. 14, Art. 72, 75; 2014, No. 1, Art. 4; No. 19-I, 19-II, Art. 94, 96):

to add Item 5 of Article 8 with part two of the following content:

"At the request of authorized body in the field of foreign trade activity of the data are represented for the purpose of conducting investigation according to the legislation of the Republic of Kazakhstan on special protective, anti-dumping and countervailing measures in relation to the third countries.".

10. In the Law of the Republic of Kazakhstan of June 24, 2010 "About subsoil and subsurface use" (Sheets of Parliament of the Republic of Kazakhstan, 2010, No. 12, Art. 60; 2011, No. 1, Art. 2; No. 11, Art. 102; No. 12, Art. 111; 2012, No. 2, Art. 11, 14; No. 3, Art. 21; No. 4, Art. 30; No. 6, Art. 46; No. 8, Art. 64; No. 11, Art. 80; No. 15, Art. 97; No. 23-24, of Art. 125; 2013, No. 9, Art. 51; No. 14, Art. 75; No. 15, Art. 81; 2014, No. 4-5, of Art. 24; No. 7, Art. 37; No. 10, Art. 52; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; No. 23, Art. 143; No. 24, Art. 145; The law of the Republic of Kazakhstan of April 27, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning insurance and Islamic financing", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on April 29, 2015):

in the subitem 22) of Article 16 of the word", including by approval (change) of the customs, protective, anti-dumping and compensatory duties, export quotas of oil" to exclude.

Article 2. This Law becomes effective after thirty calendar days after day of its first official publication.

President of the Republic of Kazakhstan

N. Nazarbayev

 

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